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(영문) 광주지방법원 2016.11.04 2016고단3569
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 28, 2016, at around 09:11, the Defendant: (a) taken the part of the victim’s sacrine using mobile phone image function of the Defendant in his/her name-free victim in the Nam-gu Seoul Southern-gu Seoul apartment elevator.

2. On June 1, 2016, at around 12:42, the Defendant taken the part of the victim’s satise in front of the elevator in Nam-gu, Nam-gu, Gwangju, by taking advantage of the mobile phone image function of the Defendant.

3. On July 3, 2016, at around 11:20, the Defendant took photographs of the victim F (n, 32 years of age) who is making financial transactions in the ATM counter located in Nam-gu, Nam-gu, Gwangju, by using the mobile phone image function of the Defendant.

Accordingly, the defendant taken three times against his will the body of victims who could cause sexual humiliation or shame by using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the police suspect interrogation protocol against the accused;

1. Each description of the F and G;

1. Each entry into the records of seizure and the list of seizure;

1. The application of each of the visual images and video CDs taken by the defendant;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of fines for the crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. If a conviction of a sex offense subject to registration becomes final and conclusive on the judgment, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and personal information is personal information to the head of

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